An Introduction To The International Criminal Court - Institute for ...

294 introduction to the international criminal court
Article 8 (2) (a) (iv) War crime of destruction and appropriation of property
Elements
1. The perpetrator destroyed or appropriated certain property.
2. The destruction or appropriation was not justified by military necessity.
3. The destruction or appropriation was extensive and carried out wantonly.
4. Such property was protected under one or more of the Geneva Conventions
of 1949.
5. The perpetrator was aware of the factual circumstances that established that
protected status.
6. The conduct took place in the context of and was associated with an international
armed conflict.
7. The perpetrator was aware of factual circumstances that established the
existence of an armed conflict.
Article 8 (2) (a) (v) War crime of compelling service in hostile forces
Elements
1. The perpetrator coerced one or more persons, by act or threat, to take part in
military operations against that person’s own country or forces or otherwise
serve in the forces of a hostile power.
2. Such person or persons were protected under one or more of the Geneva
Conventions of 1949.
3. The perpetrator was aware of the factual circumstances that established that
protected status.
4. The conduct took place in the context of and was associated with an international
armed conflict.
5. The perpetrator was aware of factual circumstances that established the
existence of an armed conflict.
Article 8 (2) (a) (vi) War crime of denying a fair trial
Elements
1. The perpetrator deprived one or more persons of a fair and regular trial by
denying judicial guarantees as defined, in particular, in the third and the
fourth Geneva Conventions of 1949.
2. Such person or persons were protected under one or more of the Geneva
Conventions of 1949.
3. The perpetrator was aware of the factual circumstances that established that
protected status.